II 

★(Star Print)

112TH CONGRESS 

1ST SESSION S. 962 

To reauthorize the Northwest Straits Marine Conservation Initiative Act to 

promote the protection of the resources of the Northwest Straits, and 

for other purposes. 

IN THE SENATE OF THE UNITED STATES 

MAY 12, 2011 

Mrs. MURRAY (for herself and Ms. CANTWELL) introduced the following bill; 

which was read twice and referred to the Committee on Commerce, 

Science, and Transportation 

A BILL 

To reauthorize the Northwest Straits Marine Conservation 

Initiative Act to promote the protection of the resources 

of the Northwest Straits, and for other purposes. 

1 Be it enacted by the Senate and House of Representa2 tives of the United States of America in Congress assembled, 

3 SECTION 1. SHORT TITLE. 

4 This Act may be cited as the ‘‘Northwest Straits Ma5 rine Conservation Initiative Reauthorization Act of 2011’’. 


emcdonald on DSK2BSOYB1PROD with BILLS
2 

S 962 IS1S 

1 SEC. 2. REAUTHORIZATION OF NORTHWEST STRAITS MA2 RINE CONSERVATION INITIATIVE ACT. 

3 The Northwest Straits Marine Conservation Initiative 

4 Act (title IV of Public Law 105–384; 112 Stat. 3458) is 

5 amended— 

6 (1) in section 402, by striking ‘‘Commission (in 

7 this title referred to as the ‘Commission’).’’ and in8 serting ‘‘Commission.’’; and 

9 (2) by striking sections 403, 404, and 405 and 

10 inserting the following: 

11 ‘‘SEC. 403. FINDINGS. 

12 ‘‘Congress makes the following findings: 

13 ‘‘(1) The marine waters and ecosystem of the 

14 Northwest Straits in Puget Sound in the State of 

15 Washington represent a unique resource of enor16 mous environmental and economic value to the peo17 ple of the United States. 

18 ‘‘(2) During the 20th century, the environ19 mental health of the Northwest Straits declined dra20 matically as indicated by impaired water quality, de21 clines in marine wildlife, collapse of harvestable ma22 rine species, loss of critical marine habitats, ocean 

23 acidification, and sea level rise. 

24 ‘‘(3) At the start of the 21st century, the 

25 Northwest Straits have been threatened by sea level 


emcdonald on DSK2BSOYB1PROD with BILLS
3 

S 962 IS1S 

1 rise, ocean acidification, and other effects of climate 

2 change. 

3 ‘‘(4) This Act was enacted to tap the unprece4 dented level of citizen stewardship demonstrated in 

5 the Northwest Straits and create a mechanism to 

6 mobilize public support and raise capacity for local 

7 efforts to protect and restore the ecosystem of the 

8 Northwest Straits. 

9 ‘‘(5) The Northwest Straits Marine Conserva10 tion Initiative helps the National Oceanic and At11 mospheric Administration and other Federal agen12 cies with their marine missions by fostering local in13 terest in marine issues and involving diverse groups 

14 of citizens. 

15 ‘‘(6) The Northwest Straits Marine Conserva16 tion Initiative shares many of the same goals with 

17 the National Oceanic and Atmospheric Administra18 tion, including fostering citizen stewardship of ma19 rine resources, general ecosystem management, and 

20 protecting federally managed marine species. 

21 ‘‘(7) Ocean literacy and identification and re22 moval of marine debris projects are examples of on23 going partnerships between the Northwest Straits 

24 Marine Conservation Initiative and the National 

25 Oceanic and Atmospheric Administration. 


emcdonald on DSK2BSOYB1PROD with BILLS
4 

S 962 IS1S 

1 ‘‘SEC. 404. DEFINITIONS. 

2 ‘‘In this title: 

3 ‘‘(1) COMMISSION.—The term ‘Commission’ 

4 means the Northwest Straits Advisory Commission 

5 established by section 402. 

6 ‘‘(2) INDIAN TRIBE.—The term ‘Indian tribe’ 

7 has the meaning given that term in section 4 of the 

8 Indian Self-Determination and Education Assistance 

9 Act (25 U.S.C. 450b). 

10 ‘‘(3) NORTHWEST STRAITS.—The term ‘North11 west Straits’ means the marine waters of the Strait 

12 of Juan de Fuca and of Puget Sound from the Ca13 nadian border to the south end of Snohomish Coun14 ty. 

15 ‘‘SEC. 405. MEMBERSHIP OF THE COMMISSION. 

16 ‘‘(a) COMPOSITION.—The Commission shall be com17 posed of up to 14 members who shall be appointed as fol18 lows: 

19 ‘‘(1) One member appointed by a consensus of 

20 the members of a marine resources committee estab21 lished under section 408 for each of the following 

22 counties of the State of Washington: 

23 ‘‘(A) San Juan County. 

24 ‘‘(B) Island County. 

25 ‘‘(C) Skagit County. 

26 ‘‘(D) Whatcom County. 


emcdonald on DSK2BSOYB1PROD with BILLS
5 

S 962 IS1S 

1 ‘‘(E) Snohomish County. 

2 ‘‘(F) Clallam County. 

3 ‘‘(G) Jefferson County. 

4 ‘‘(2) Two members appointed by the Secretary 

5 of the Interior in trust capacity and in consultation 

6 with the Northwest Indian Fisheries Commission or 

7 the Indian tribes affected by this title collectively, as 

8 the Secretary of the Interior considers appropriate, 

9 to represent the interests of such tribes. 

10 ‘‘(3) One member appointed by the Governor of 

11 the State of Washington to represent the interests of 

12 the Puget Sound Partnership. 

13 ‘‘(4) Four members appointed by the Governor 

14 of the State of Washington who— 

15 ‘‘(A) are residents of the State of Wash16 ington; and 

17 ‘‘(B) are not employed by a Federal, State, 

18 or local government. 

19 ‘‘(b) VACANCIES.—A vacancy in the Commission 

20 shall be filled in the manner in which the original appoint21 ment was made. 

22 ‘‘(c) CHAIRPERSON.—The Commission shall select a 

23 Chairperson from among its members. 


emcdonald on DSK2BSOYB1PROD with BILLS
6 

S 962 IS1S 

1 ‘‘(d) MEETING.—The Commission shall meet at the 

2 call of the Chairperson, but not less frequently than quar3 terly. 

4 ‘‘(e) LIAISON.— 

5 ‘‘(1) IN GENERAL.—The Secretary of Com6 merce shall, acting through the Under Secretary for 

7 Oceans and Atmosphere and in consultation with the 

8 Director of the Commission appointed under section 

9 407(a), appoint an employee of the National Oceanic 

10 and Atmospheric Administration— 

11 ‘‘(A) to serve as a liaison between the 

12 Commission and the Department of Commerce; 

13 and 

14 ‘‘(B) to attend meetings and other events 

15 of the Commission as a nonvoting participant. 

16 ‘‘(2) LIMITATION.—Service as a member of the 

17 Commission by the employee appointed under para18 graph (1)— 

19 ‘‘(A) is limited to the employee’s service as 

20 a liaison and attendance of meetings and other 

21 events as a nonvoting participant; and 

22 ‘‘(B) does not obligate the employee to per23 form any duty of the Commission under section 

24 406(b). 


emcdonald on DSK2BSOYB1PROD with BILLS
7 

S 962 IS1S 

1 ‘‘SEC. 406. GOAL AND DUTIES OF THE COMMISSION. 

2 ‘‘(a) GOAL.—The goal of the Commission is to pro3 tect and restore the marine waters, habitats, and species 

4 of the Northwest Straits region to achieve ecosystem 

5 health and sustainable resource use by— 

6 ‘‘(1) designing and initiating projects that are 

7 driven by sound science, local priorities, community8 based decisions, and the ability to measure results; 

9 ‘‘(2) building awareness and stewardship and 

10 making recommendations to improve the health of 

11 the Northwest Straits marine resources; 

12 ‘‘(3) maintaining and expanding diverse mem13 bership and partner organizations; 

14 ‘‘(4) expanding partnerships with governments 

15 of Indian tribes and continuing to foster respect for 

16 tribal cultures and treaties; and 

17 ‘‘(5) recognizing the importance of economic 

18 and social benefits that are dependent on marine en19 vironments and sustainable marine resources. 

20 ‘‘(b) DUTIES.—The duties of the Commission are the 

21 following: 

22 ‘‘(1) To provide resources and technical support 

23 for marine resources committees established under 

24 section 408. 

25 ‘‘(2) To work with such marine resources com26 mittees and appropriate entities of Federal and 


emcdonald on DSK2BSOYB1PROD with BILLS
8 

S 962 IS1S 

1 State governments and Indian tribes to develop pro2 grams to monitor the overall health of the marine 

3 ecosystem of the Northwest Straits. 

4 ‘‘(3) To identify factors adversely affecting or 

5 preventing the restoration of the health of the ma6 rine ecosystem and coastal economies of the North7 west Straits. 

8 ‘‘(4) To develop scientifically sound restoration 

9 and protection recommendations, informed by local 

10 priorities, that address such factors. 

11 ‘‘(5) To assist in facilitating the successful im12 plementation of such recommendations by developing 

13 broad support among appropriate authorities, stake14 holder groups, and local communities. 

15 ‘‘(6) To develop and implement regional 

16 projects based on such recommendations to protect 

17 and restore the Northwest Straits ecosystem. 

18 ‘‘(7) To serve as a public forum for the discus19 sion of policies and actions of Federal, State, or 

20 local government, an Indian tribe, or the Govern21 ment of Canada with respect to the marine eco22 system of the Northwest Straits. 

23 ‘‘(8) To inform appropriate authorities and 

24 local communities about the marine ecosystem of the 


emcdonald on DSK2BSOYB1PROD with BILLS
9 

S 962 IS1S 

1 Northwest Straits and about issues relating to the 

2 marine ecosystem of the Northwest Straits. 

3 ‘‘(9) To consult with all affected Indian tribes 

4 in the region of the Northwest Straits to ensure that 

5 the work of the Commission does not violate tribal 

6 treaty rights. 

7 ‘‘(c) BENCHMARKS.—The Commission shall carry out 

8 its duties in a manner that promotes the achieving of the 

9 benchmarks described in subsection (f)(2). 

10 ‘‘(d) COORDINATION AND COLLABORATION.—The 

11 Commission shall carry out the duties described in sub12 section (b) in coordination and collaboration, when appro13 priate, with Federal, State, and local governments and In14 dian tribes. 

15 ‘‘(e) REGULATORY AUTHORITY.—The Commission 

16 shall have no power to issue regulations. 

17 ‘‘(f) ANNUAL REPORT.— 

18 ‘‘(1) IN GENERAL.—Each year, the Commission 

19 shall prepare, submit to the Committee on Com20 merce, Science, and Transportation of the Senate, 

21 the Committee on Energy and Commerce of the 

22 House of Representatives, and the Under Secretary 

23 for Oceans and Atmosphere, and make available to 

24 the public an annual report describing— 


emcdonald on DSK2BSOYB1PROD with BILLS
10 

S 962 IS1S 

1 ‘‘(A) the activities carried out by the Com2 mission during the preceding year; and 

3 ‘‘(B) the progress of the Commission in 

4 achieving the benchmarks described in para5 graph (2). 

6 ‘‘(2) BENCHMARKS.—The benchmarks de7 scribed in this paragraph are the following: 

8 ‘‘(A) Protection and restoration of marine, 

9 coastal, and nearshore habitats. 

10 ‘‘(B) Prevention of loss and achievement of 

11 a net gain of healthy habitat areas. 

12 ‘‘(C) Protection and restoration of marine 

13 populations to healthy, sustainable levels. 

14 ‘‘(D) Protection of the marine water qual15 ity of the Northwest Straits region and restora16 tion of the health of marine waters. 

17 ‘‘(E) Collection of high-quality data and 

18 promotion of the use and dissemination of such 

19 data. 

20 ‘‘(F) Promotion of stewardship and under21 standing of Northwest Straits marine resources 

22 through education and outreach. 


emcdonald on DSK2BSOYB1PROD with BILLS
11 

S 962 IS1S 

1 ‘‘SEC. 407. COMMISSION PERSONNEL AND ADMINISTRATIVE 

2 MATTERS. 

3 ‘‘(a) DIRECTOR.—The Manager of the Shorelands 

4 and Environmental Assistance Program of the Depart5 ment of Ecology of the State of Washington may, upon 

6 the recommendation of the Commission and the Director 

7 of the Padilla Bay National Estuarine Research Reserve, 

8 appoint and terminate a Director of the Commission. The 

9 employment of the Director shall be subject to confirma10 tion by the Commission. 

11 ‘‘(b) STAFF.—The Director may hire such other per12 sonnel as may be appropriate to enable the Commission 

13 to perform its duties. Such personnel shall be hired 

14 through the personnel system of the Department of Ecol15 ogy of the State of Washington. 

16 ‘‘(c) ADMINISTRATIVE SERVICES.—If the Governor of 

17 the State of Washington makes available to the Commis18 sion the administrative services of the State of Wash19 ington Department of Ecology and Padilla Bay National 

20 Estuarine Research Reserve, the Commission shall use 

21 such services for employment, procurement, grant and fis22 cal management, and support services necessary to carry 

23 out the duties of the Commission. 

24 ‘‘SEC. 408. MARINE RESOURCES COMMITTEES. 

25 ‘‘(a) IN GENERAL.—The government of each of the 

26 counties referred to in subparagraphs (A) through (G) of 


emcdonald on DSK2BSOYB1PROD with BILLS
12 

S 962 IS1S 

1 section 405(a)(1) may establish a marine resources com2 mittee that— 

3 ‘‘(1) complies with the requirements of this sec4 tion; and 

5 ‘‘(2) receives from such government the mis6 sion, direction, expert assistance, and financial re7 sources necessary— 

8 ‘‘(A) to address issues affecting the marine 

9 ecosystems within its county; and 

10 ‘‘(B) to work to achieve the benchmarks 

11 described in section 406(f)(2). 

12 ‘‘(b) MEMBERSHIP.— 

13 ‘‘(1) IN GENERAL.—Each marine resources 

14 committee established pursuant to this section shall 

15 be composed of— 

16 ‘‘(A) members with relevant scientific ex17 pertise; and 

18 ‘‘(B) members that represent balanced rep19 resentation, including representation of— 

20 ‘‘(i) local governments, including plan21 ning staff from counties and cities with 

22 marine shorelines; 

23 ‘‘(ii) affected economic interests, such 

24 as ports and commercial fishers; 


emcdonald on DSK2BSOYB1PROD with BILLS
13 

S 962 IS1S 

1 ‘‘(iii) affected recreational interests, 

2 such as sport fishers; and 

3 ‘‘(iv) conservation and environmental 

4 interests. 

5 ‘‘(2) TRIBAL MEMBERS.—With respect to a 

6 county referred to in subparagraph (A) through (G) 

7 of section 405(a)(1), each Indian tribe with usual 

8 and accustomed fishing rights in the waters of such 

9 county and each Indian tribe with reservation lands 

10 in such county, may appoint one member to the ma11 rine resources committee for such county. Such 

12 member may be appointed by the respective tribal 

13 authority. 

14 ‘‘(3) CHAIRPERSON.— 

15 ‘‘(A) IN GENERAL.—Each marine re16 sources committee established pursuant to this 

17 section shall select a chairperson from among 

18 members by a majority vote of the members of 

19 the committee. 

20 ‘‘(B) ROTATING POSITION.—Each marine 

21 resources committee established pursuant to 

22 this section shall select a new chairperson at a 

23 frequency determined by the county charter of 

24 the marine resources committee to create a diVerDate Mar 15 2010 22:59 Jun 09, 2011 Jkt 099200 PO 00000 Frm 00013 Fmt 6652 Sfmt 6201 E:\BILLS\S962.IS S962

emcdonald on DSK2BSOYB1PROD with BILLS
14 

S 962 IS1S 

1 versity of representation in the leadership of the 

2 marine resources committee. 

3 ‘‘(c) DUTIES.—The duties of a marine resources com4 mittee established pursuant to this section are the fol5 lowing: 

6 ‘‘(1) To assist in assessing marine resource 

7 problems in concert with governmental agencies, 

8 tribes, and other entities. 

9 ‘‘(2) To assist in identifying local implications, 

10 needs, and strategies associated with the recovery of 

11 Puget Sound salmon and other species in the region 

12 of the Northwest Straits listed under the Endan13 gered Species Act of 1973 (16 U.S.C. 1531 et seq.) 

14 in coordination with Federal, State, and local gov15 ernments, Indian tribes, and other entities. 

16 ‘‘(3) To work with other entities to enhance the 

17 scientific baseline and monitoring program for the 

18 marine environment of the Northwest Straits. 

19 ‘‘(4) To identify local priorities for marine re20 source conservation and develop new projects to ad21 dress those needs. 

22 ‘‘(5) To work closely with county leadership to 

23 implement local marine conservation and restoration 

24 initiatives. 


emcdonald on DSK2BSOYB1PROD with BILLS
15 

S 962 IS1S 

1 ‘‘(6) To coordinate with the Commission on ma2 rine ecosystem objectives. 

3 ‘‘(7) To educate the public and key constitu4 encies regarding the relationship between healthy 

5 marine habitats, harvestable resources, and human 

6 activities. 

7 ‘‘SEC. 409. NORTHWEST STRAITS MARINE CONSERVATION 

8 FOUNDATION. 

9 ‘‘(a) ESTABLISHMENT.—The Director of the Com10 mission and the Director of the Padilla Bay National Es11 tuarine Research Reserve may enter into an agreement 

12 with an organization described in section 501(c)(3) of the 

13 Internal Revenue Code of 1986 to establish a nonprofit 

14 foundation to support the Commission and the marine re15 sources committees established under section 408 in car16 rying out their duties under this Act. 

17 ‘‘(b) DESIGNATION.—The foundation authorized by 

18 subsection (a) shall be known as the ‘Northwest Straits 

19 Marine Conservation Foundation’. 

20 ‘‘(c) RECEIPT OF GRANTS.—The Northwest Straits 

21 Marine Conservation Foundation may, if eligible, apply 

22 for, accept, and use grants awarded by Federal agencies, 

23 States, local governments, regional agencies, interstate 

24 agencies, corporations, foundations, or other persons to 


emcdonald on DSK2BSOYB1PROD with BILLS
16 

S 962 IS1S 

1 assist the Commission and the marine resources commit2 tees in carrying out their duties under this Act. 

3 ‘‘(d) TRANSFER OF FUNDS.—The Northwest Straits 

4 Marine Conservation Foundation may transfer funds to 

5 the Commission or the marine resources committees to as6 sist them in carrying out their duties under this Act. 

7 ‘‘SEC. 410. AUTHORIZATION OF APPROPRIATIONS. 

8 ‘‘There are authorized to be appropriated to the Sec9 retary of Commerce for the use of the Commission such 

10 sums as may be necessary to carry out the provisions of 

11 this title.’’. 

Æ 


emcdonald on DSK2BSOYB1PROD with BILLS